Motor Vehicle Accident Lawsuit

In a lot of cases, the medical expenses and other economic loss of an individual will exceed their no-fault coverage. A motor vehicle lawsuit could be the best option in this scenario.

The process of filing a lawsuit begins with your attorney sending the defendant a notice. The defendant has the right to respond to your complaint.

Damages

In a lawsuit involving a motor vehicle accident law firms accident, damages are awarded to pay for the financial, physical and any other personal injury caused by the negligent acts of another party. The majority of states use a tort liability system, which means that the party responsible for the accident must pay compensation to the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance to cover injuries they cause to others.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify potential liable parties and potential causes of the action. This is called discovery and involves exchanging documents with your adversaries and seeking information. It is important to remember that your adversary is trying to resolve this dispute for the smallest amount possible, so it may be a while before you receive a fair settlement offer.

The amount of damages you'll receive in a lawsuit for car accidents will depend on the extent of your injuries as well as the amount of property damage. Your lawyer can help you determine the value of your claim by adding your medical expenses as well as any projected or future expenses.

It's not always easy to judge the value of a motor vehicle accident claim, but your lawyer will do their best to create an argument that can support your claim for the most compensation. Your lawyer will work with insurance companies to come up with a fair solution that addresses your current and future financial requirements.

Liability

During the first discovery phase of your case, your lawyer will start exchanging information with the insurance company of your adversary. This will include documents such as accident reports, medical records, witness statements, as well as expert opinions.

You will also provide your version of what transpired. The stress of an accident can impair your ability remember details, but we will be patient and kind. Our aim is to help you to recall as much information as you can to be able to present an effective case on your behalf.

Your lawyer will likely reach a settlement at this stage, but it's not always feasible. If you can't reach an agreement, your case will be tried. This could be a bench trial before a judge or jury, based on the jurisdiction.

The cost of a lawsuit may be expensive. Insurance companies are typically required to pay for expenses of an attorney, investigator, or other experts. In this way, the majority of parties are looking to settle their claims as fast as possible. Settlements can close a claim for both parties and save both time and money. Personal injury lawyers are typically paid on a contingency fee and will not be paid until the case is completed. Plaintiffs will also want to move on from the incident and its aftermath.

Statute of Limitations

In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations. If you fail to submit your lawsuit within the stipulated timeframe the claim will be deemed barred. This means that you won't be able to recover compensation for the injuries you sustained. A knowledgeable attorney can determine the precise time limits for your particular case.

For instance when it comes to car accidents, the law requires that you file your claim within three years from the date of the crash. There are some exceptions to the statute of limitations. For example, the deadline can be extended (stopped) in certain circumstances such as when you are minor or if the incident involves a government agency.

There could also be a statute-of-limitations tolling clause in certain circumstances where there is doubt as to the mental health of the victim at the moment of the accident. In addition, the statute of limitations could be extended during the process of discovery in the event that your attorney demands information from the defendant and his or her lawyers through written questions, also known as interrogatories or through a formal testimonies, also known as depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence you need for an effective defense. Many wrecks require an investigation, which takes time. Physical evidence can also deteriorate with time.

Defenses

In any case involving a motor vehicle accident there are a variety of defenses that may be raised. They are both factual and legal arguments. Some legal defenses are based on procedural concerns like not meeting the statute of limitations. Others could be based solely on the merits.

Comparative negligence is a common factual defense. It is a legal theory which claims that the injured party who is filing the claim should be held partially responsible for the injuries and damages they have suffered. The validity of this argument will be contingent on the state's law. Most states have some form of comparative negligent law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the plaintiff assumed risk of injury by taking part in an activity, such as working out at a gym or Motor Vehicle Accident Lawsuit playing sports. This is a legitimate defense, however, highly experienced attorneys are able to circumvent this argument.

Another common defense that could be used is that the victim did not take the necessary steps to reduce their losses. If someone asserts an income loss as a component of damages, the defendant can claim that the person who was injured should have taken steps toward finding work, even though this could not have made the claimant whole.